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Good day, I always strive to reply in the shortest possible time,I may be delayed answering other questions, attending a meeting or in court.
Is this in reference to a debt?
The Land Registry will refer your application to remove the restriction to the restriction holder who would have to prove that they are still entitled to the benefit of the restriction. They would therefore have to show clear evidence that the restriction should continue. It may be that the Land Registry would have to adjudicate on the issue if they are not satisfied with the respective versions. It sounds to me as though you still have sufficient evidence for the case for the restriction to be removed. You will have to await their decision.
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It depends on the restriction holder's response as to whether he challenges it or not. Clearly if he does not then the restriction will be removed almost immediately. If however it is challenged then it will have to be referred to the adjudicator and this can sometimes can take up to 3 months to resolve.
i suppose at the end of the day all i want to see is documentary evidence re the alleged debt. all other attempts have failed!!!
thanks for your help